A Kwara State High Court sitting in Ilorin, the State capital Thursday dismissed the bid by a former member of the state House of Assembly, Mohammed Adebayo to stop the criminal proceedings brought against him by the Ilorin Zonal office of the Economic and Financial Crimes Commission.
The anti-graft agency had in July 2019, arraigned the troubled ex-lawmaker on a six count charge bordering on land scam before Justice Sikiru Oyinloye of the High Court.
One of the charges levelled against him read, “that you, Mohammed Adebayo, sometimes in July 2013 in Ilorin within the jurisdiction of this honourable court with intent to defraud, obtained the sum of N950,000 from one Mary Omowunmi Kolade on the pretence that three plots of land (situate at Malete, Moro local government of Kwara state), which you sold to her belonged to you, a representation you knew to be false, punishable under Section 1 of the Advanced fee fraud and other fraud related offences.”
He, however, pleaded not guilty to all the six count charges.
The defence counsel, Barrister I Abdulazeez, at the last adjourned date, drew the attention of the presiding judge to a letter written by the nominal complainants in the case, indicating their intention to withdraw their petition against Adebayo.
“The nominal complainants have written a letter to the Economic and Financial Crimes Commission to withdraw their petition against Adebayo,” Abdulazeez stated.
He then prayed the court to strike out the case and discharge the defendant.
Responding, however, Barrister Sesan Ola counsel representing the prosecution vehemently opposed the prayer and informed the presiding judge that the anti-graft agency was the complainant in the matter.
“My Lord,” Ola said, “This application lacks merit, the nominal complainant is not known in law, EFCC is the complainant in this case, we have two witnesses in court, they are ready to testify, I want this honourable court to reject the application.”
Justice Oyinloye in his ruling, said, “this application lacks merit, it is only the Attorney General of the Federation that has powers to withdraw the charge not the nominal complainants or an accused person.”
He described the steps taken by the defence counsel and nominal complainants as, “very weird, uncanny and strange procedure in the administration of criminal justice system.”
The case was adjourned till February 26 2020.
